Montana Statutes
§ 40-2-209 — Individual Property Of Married Person -- How Far Liable
40-2-209 . Individual property of married person -- how far liable. Individual property of a married person listed in an inventory as provided in 40-2-203 and 40-2-204 or otherwise proved to be the individual property of the married person is exempt from all debts and liabilities of that person's spouse, except:
(1)when the debt or liability is for necessary articles procured for the use and benefit of the married person, the spouse, or minor children; or
(2)when the property is in the sole and exclusive possession of the spouse and the creditors have dealt with the spouse in good faith on the credit of the individual property without knowledge that the property does not belong to the spouse.
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Legislative History
En. Sec. 1, p. 369, Bannack Stat.; re-en. Sec. 1, p. 521, Cod. Stat. 1871; re-en. Sec. 866, 5th Div. Rev. Stat. 1879; re-en. Sec. 1432, 5th Div. Comp. Stat. 1887; amd. Sec. 227, Civ. C. 1895; re-en. Sec. 3707, Rev. C. 1907; re-en. Sec. 5799, R.C.M. 1921; Cal. Civ. C. Sec. 171; re-en. Sec. 5799, R.C.M. 1935; amd. Sec. 10, Ch. 293, L. 1975; R.C.M. 1947, 36-118.
Nearby Sections
15
§ 40-2-101
Mutual Obligations Of Husband And Wife§ 40-2-102
Duties Of Husband And Wife As To Support§ 40-2-103
Support Of Spouse§ 40-2-105
Husband And Wife As Joint Tenants§ 40-2-106
Liability For Acts Or Debts Of Spouse§ 40-2-107
May Sue And Be Sued§ 40-2-202
Individual Property Of Married Person§ 40-2-204
Effect Of Filing Inventory